REGULATIONS UNDER THE LIQUID FUEL (RATIONING) ACT 1949.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Liquid Fuel (Rationing) Act 1949.
Dated this twenty-ninth day of October, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister's signature
Minister of State for Shipping and Fuel.
LIQUID FUEL (RATIONING) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the Liquid Fuel (Rationing) Regulations.
Commencement.
2.—(1.) Regulations 10, 13, 14, 17, 18 and 21 of these Regulations shall come into operation on the fifteenth day of November, 1949.
(2.) The remaining provisions of these Regulations shall come into operation on the day on which these Regulations are notified in the Gazette.
Parts.
These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Administration.
Part III.—Rationing of Motor Spirit.
Part IV.—Orders.
Part V.—Miscellaneous.
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
“ appropriate ration tickets ”, in relation to an act or transaction, means ration tickets which are appropriate to that act or transaction by virtue of an order under these Regulations and, except as otherwise expressly provided in any such order—
(a) includes ration tickets which, under the law of a State would be appropriate, under the law of that State relating to the distribution or rationing of liquid fuel, to that act or transaction if it took place in that State ; and
* Notified in the Commonwealth Gazette on , 1949.
4501.―Price 8d. 25/27.10.1949.
(b) subject to the last preceding sub-paragraph, does not include ration tickets which, on their face, are not appropriate to that act or transaction ;
“ authorized ” means authorized by the Controller or by a Board ;
“ aviation spirit ” means motor spirit of an octane rating of seventy-three or more ;
“ Board ” means a Liquid Fuel Control Board or Liquid Fuel Control Authority appointed under these Regulations ;
“ bulk supplier ” means a person who supplies liquid fuel in bulk to motor spirit retailers ;
“ delivery ” includes transfer of possession, and “deliver” has a corresponding meaning ;
“ Deputy Controller ” means a Deputy Controller of Liquid Fuel appointed under these Regulations ;
“ diesel oil fuel ” means petroleum distillate or residual, either crude or refined, suitable for use in compression ignition engines, and includes diesel oil fuel distilled from coal-tar ;
“ fuel oil ” means crude petroleum distillate or residual product of petroleum suitable for use in burners for the production of heat or steam ;
“ kerosene ” means petroleum distillate normally marketed as kerosene, and includes lighting kerosene and power kerosene ;
“ licence ” means a licence granted or deemed to have been granted under these Regulations and, where it refers to a motor spirit consumer’s licence, includes a motor spirit consumer’s licence granted or deemed to have been granted under a law of a State dealing with the distribution or rationing of motor spirit ;
“ lighting kerosene ” means petroleum distillate normally marketed as lighting kerosene ;
“ liquid fuel ” includes motor spirit, kerosene, diesel oil fuel, fuel oil, lubricating oil, rectified spirit and shale oil ;
“ lubricating oil ” means petroleum or other oils or mixtures of oils suitable for the lubrication of moving parts of machinery, and includes petroleum greases, compounds of oils with other substances to form lubricating grease, and mixtures of oil’s with plastics ;
“ motor spirit ” means liquid petroleum products or similar hydrocarbons distilling completely below two hundred and twenty-five degrees centigrade and suitable for use as fuel in internal combustion engines, and includes motor benzole and power alcohol ;
“ power kerosene ” means petroleum distillate normally marketed as power kerosene and suitable for use as fuel in internal combustion engines with spark ignition ;
“ purchase ”, in relation to liquid fuel, includes acquire by any means whatsoever, and “purchased” has a corresponding meaning ;
“ ration ticket ” means a ration ticket in accordance with an authorized form, and includes a ration ticket issued under a law of a State dealing with the distribution or rationing of motor spirit ;
“ rectified spirit ” means any spirit produced by fermentation of any material and denatured for industrial or power purposes ;
“ shale oil ” means shale distillate or residual either crude or refined produced from shale or coal and suitable for use, either alone or when mixed with any other liquid, as a fuel or as a source of power in internal combustion engines ;
“ State ” means a State to which these Regulations extend ;
“ the Australian Capital Territory ” includes the Territory accepted by the Commonwealth by the Jervis Bay Territory Acceptance Act 1915 ;
“ the Controller ” means the Controller of Liquid Fuel appointed under these Regulations ;
“ the Minister ” means the Minister of State for Shipping and Fuel.
(2.) The purported exercise by any person of any powers of disposition over any liquid fuel shall, for the purposes of these Regulations and of orders made thereunder, be deemed to be a disposition thereof notwithstanding that the liquid fuel may not be within the ownership or possession of that person.
Application and object of Regulations.
5.—(l.) These Regulations extend and apply—
(a) to the Australian Capital Territory;
(b) in relation only to aviation spirit, to the Northern Territory of Australia;
(c) to the State of New South Wales;
(d) to the State of Queensland; and
(e) to the State of Western Australia.
(2.) The object of these Regulations is to ensure a just and orderly sharing of liquid fuel while there is a shortage of supplies of liquid fuel in Australia.
(3.) The powers and discretions conferred by these Regulations shall be exercised for the purpose of carrying out the objects of these Regulations, and for no other purpose.
(4.) The operation of these Regulations, or of any provisions of these Regulations, in any State or Territory is not dependent upon their operation in any other State or Territory.
Part II.—Administration.
Controller and Deputy Controllers of Liquid Fuel.
6.—(1.) There shall be—
(a) a Controller of Liquid Fuel; and
(b) one or more Deputy Controllers of Liquid Fuel,
who shall be appointed by the Minister on such terms and conditions as the Minister thinks fit and shall hold office during the pleasure of the Minister.
(2.) Subject to any directions of the Controller, a Deputy Controller may exercise all the powers and functions of the Controller.
Liquid Fuel Control Boards.
7.—(1.) For the purposes of these Regulations, the Minister may—
(a) appoint a Liquid Fuel Control Board in each State, consisting of not less than three members, of whom such number (not being less than two) as the Minister determines, may be nominated by the Government of the State in respect of which they are to be appointed ; and
(b) appoint a person to be the Liquid Fuel Control Authority for the Australian Capital Territory and another person to act in an advisory and consultative capacity in relation to that Authority.
(2.) A person appointed under this regulation may be paid fees and allowances at such rates as the Minister determines.
(3.) In the exercise of its powers and functions under these Regulations, or under an order made under these Regulations, a Board shall be subject to the directions of the Controller.
(4.) Where the Board considers that, with respect to a matter to be decided by the Board, it is desirable or just that the views of an association or other body of persons concerned with the distribution or use of liquid fuel should be ascertained, the Board shall, before deciding the matter, consult with a representative of that association or other body.
Part III.—Rationing of Motor Spirit.
Restriction on movement of motor spirit by bulk suppliers.
8.—(1.) A bulk supplier shall not, during any period, move out of any Customs warehouse or Excise factory any motor spirit in excess of the quantity authorized in writing by the Controller to be so moved out by him during that period.
(2.) This regulation extends and applies to each State and Territory of the Commonwealth.
Limitation on delivery by retailers before 15th November, 1949.
9.—(1.) A motor spirit retailer (whether licensed or not) shall not, on or after the eighth day of November, 1949, and before the fifteenth day of November, 1949, deliver motor spirit from any premises at which he carries on business as a motor spirit retailer, being premises at which he carried on business as a motor spirit retailer throughout the month of May, 1949, if the quantity of motor spirit remaining at those premises after the delivery would be less than one quarter of the quantity of motor spirit delivered from those premises during that month.
(2.) A motor spirit retailer (whether licensed or not) shall not, on or after the first day of November, 1949, and before the fifteenth day of November, 1949, deliver motor spirit from any premises in relation to which the last preceding sub-regulation does not apply if the quantity of motor spirit remaining at these premises after the delivery would be less than one-third of the quantity of motor spirit delivered to the retailer at those premises on or after that first-mentioned date.
Motor spirit not to be acquired except under licence, &c.
10.—(1.) Subject to these Regulations, a person (other than a bulk supplier) shall not—
(a) purchase motor spirit except under and in accordance with a licence ; or
(b) accept delivery of motor spirit purchased unless—
(i) he surrenders, or has surrendered, to the person making the delivery, in accordance with these Regulations, appropriate ration tickets corresponding to the quantity of that motor spirit and duly endorsed in accordance with these Regulations ; and
(ii) in the case of a consumer’s licence other than a licence in respect of a road vehicle, he produces to the person making the delivery the licence under which the motor spirit is or was purchased.
(2.) For the purposes of the last preceding sub-regulation, the quantity of motor spirit to which any ration tickets correspond shall be deemed to be reduced by the quantity of any motor spirit which has previously been delivered in reliance on the surrender of those tickets.
(3.) Except with the permission of a Board, a person shall not accept surrender of a ration ticket otherwise than at the time at which he delivers the quantity of motor spirit to which the ticket corresponds, and a person who, with the permission of a Board, so accepts surrender of a ration ticket shall comply with all instructions of the Board in connexion with the handling of tickets so surrendered.
(4.) A person to whom there is issued a ration ticket specifying the name of a particular supplier shall not surrender that ticket otherwise than to that supplier.
(5.) A licensed retailer shall not surrender a ration ticket to a licensed bulk supplier unless—
(a) the surrender is effected in the manner directed by the Controller; and
(b) the ticket has been cancelled by the retailer in accordance with these Regulations.
Consumer’s licences.
11.—(l.) A person desiring to obtain a motor spirit consumer’s licence authorizing him to acquire motor spirit as a consumer may make application to the Controller or a Board accordingly.
(2.) Where application is made under the last preceding sub-regulation to the Controller or a Board, the Controller or the Board may grant to the applicant a motor spirit consumer’s licence, either in terms of the application or in such other terms, and subject to such conditions, as he or it thinks fit, or may refuse the application.
Supply and endorsement of ration tickets.
12.—(1.) The holder of a motor spirit consumer’s licence may, subject to the directions of the Controller—
(a) upon production of the licence for endorsement as approved by the Controller ; and
(b) in the case of a licence in respect of a road vehicle, upon production of a current certificate of registration of the vehicle,
obtain, at a post office or at an office of a Board or of the Controller, free of charge, ration tickets corresponding to the quantities of motor spirit authorized by the licence.
(2.) The Controller or a Board may, in special circumstances, issue to the holder of a motor spirit consumer’s licence ration tickets additional to those corresponding to the quantities of motor spirit authorized by the licence, and in any such case the licence shall be deemed to authorize the holder to purchase the additional motor spirit.
(3.) The licensee shall, as soon as practicable after receipt of any ration ticket (other than a bulk ration ticket), endorse in ink on the back thereof the number of the licence and, in the case of a ticket obtained by virtue of a licence issued in respect of a road vehicle, the registration number of the vehicle, and shall sign his name in ink to the endorsement.
(4.) It shall be a sufficient compliance with the last preceding sub-regulation if the endorsement is duly made and signed by an authorized agent of the licensee, and includes the name of the licensee.
Restriction on use or disposal of motor spirit acquired under a consumer’s licence.
13.—(1.) A person who purchases motor spirit in pursuance of a motor spirit consumer’s licence granted under these Regulations shall not, without the consent in writing of the Controller or a Board—
(a) sell, transfer, give or otherwise dispose of any of that spirit to any other person, whether for valuable consideration or not ;
(b) use any of that spirit otherwise than for the purpose (if any) stated in that licence or for a purpose stated in a permit in writing issued to him by the Controller or a Board, or otherwise than in the vehicle or engine (if any) described in that licence or in any such permit ;
(c) in the case of motor spirit purchased in pursuance of a licence other than a private licence (that is to say, a licence marked “Class 2”, with the addition of a letter)—
(i) use any of that spirit for the purpose of an occupation, employment or business other than an occupation, employment or business in respect of which the licence was granted ; or
(ii) use for private purposes any of that spirit in excess of the quantity (if any) stated in the licence, or in the licence as deemed to be varied by order under these Regulations, to be for private purposes.
(2.) In a prosecution for a contravention of sub-regulation (1.) of this regulation—
(a) any motor spirit which is or has been in the possession of, or which has been used by, the person charged shall, unless the contrary is proved, be deemed to have been purchased in pursuance of the motor spirit consumer’s licence held by that person and referred to in the charge ;
(b) the onus of proving any permit or consent shall be upon the person charged ; and
(c) the holder of a motor spirit consumer’s licence shall, unless the contrary is proved, be deemed to have used, before the commencement of any period in respect of which he is authorized to acquire any not or spirit, all motor spirit which it was lawful for him to have purchased for any particular purpose in respect of any previous period.
Motor spirit not to be disposed of except in accordance with a licence.
14.—(1.) A person shall not sell or otherwise dispose of, whether for valuable consideration or not, any motor spirit, except in pursuance of, and in accordance with the terms of, a licence and to a person authorized by these Regulations to purchase the motor spirit.
(2.) The holder of a motor spirit retailer’s licence shall not appropriate for his own use, or for use on his behalf, any motor spirit purchased in pursuance of that licence except in pursuance of a motor spirit consumer’s licence held by him, and unless he has first endorsed, signed and cancelled, in the manner described in sub-regulation (3.) of regulation 12 and sub-regulation (2.) of regulation 17 of these Regulations, respectively, appropriate ration tickets obtained in pursuance of that consumer’s licence corresponding to the quantity of motor spirit to be so appropriated.
(3.) In any prosecution for a contravention of sub-regulation (2.) of this regulation, where it is proved that the person charged was, at the time of the alleged offence, the holder of a motor spirit retailer’s licence, the onus of proving that any motor spirit used by or on behalf of, or appropriated for use by or on behalf of, the person charged was not purchased in pursuance of that licence, shall be on the person charged.
Application for retailer’s licence.
15.—(1.) A person desiring to obtain a motor spirit retailer’s licence authorizing him to purchase and dispose of motor spirit as a retailer may make application to a Board accordingly.
(2.) Where it is desired to dispose of motor spirit at more than one place of business, a separate application shall be made in respect of each such place of business.
Grant of retailer’s licence.
16.—(1.) Where application is made under the last preceding regulation to a Board, that Board may grant a motor spirit retailer’s licence in terms of the application or in such other terms, and subject to such conditions, as it thinks fit, or it may refuse the application.
(2.) The holder of a retailer’s licence shall cause the licence to be displayed in a prominent place at the place of business in respect of which the licence is granted.
Delivery of motor spirit to licensed consumers.
17.—(1.) A person shall not deliver motor spirit to the holder of a motor spirit consumer’s licence unless—
(a) that holder complies with the provisions of regulation 10 of these Regulations in relation to the delivery ; and
(b) where the motor spirit is delivered into the fuel tank of a road vehicle, he verifies that the registration number shown on the number-plate of the road vehicle is correctly endorsed on each ration ticket surrendered.
(2.) A person who delivers motor spirit to the holder of a motor spirit consumer’s licence upon the surrender to that person of a ration ticket shall, immediately on receipt of the ticket, cancel the ticket by writing in ink on, or stamping across, its face the word “ Cancelled ”, followed by the name and licence number of that person.
Bulk suppliers to be licensed.
18. A person, not being the holder of a motor spirit bulk supplier’s licence, shall not sell or otherwise dispose of motor spirit to the holder of a motor spirit retailer’s licence.
Application for bulk supplier’s licence.
19. A person desiring to obtain a motor spirit bulk supplier’s licence, authorizing him to sell or otherwise dispose of motor spirit to retailers, may make application to the Controller accordingly.
Grant of bulk supplier’s licences.
20.—(1.) Where application is made under the last preceding regulation to the Controller, the Controller may grant a motor spirit bulk supplier’s licence in terms of the application or in such other terms, and subject to such conditions, as he thinks fit, or he may refuse the application.
(2.) The holder of a bulk supplier’s licence shall cause the licence to be displayed in a prominent place at the premises where the business or branch in respect of which the licence is granted is carried on.
Supply of liquid fuel to retailers.
21.—(1.) A person shall not sell or otherwise dispose of or deliver motor spirit to the holder of a motor spirit retailer’s licence unless—
(a) the licence is displayed as required by these Regulations ; and
(b) that holder complies with the provisions of regulation 10 of these Regulations in relation to that disposal or delivery.
(2.) A bulk supplier who delivers motor spirit to a licensed retailer upon the surrender of ration tickets may deliver, in addition to the quantity of motor spirit represented by the tickets surrendered, a quantity of motor spirit representing an allowance, as authorized by the Controller, for evaporation, and the retailer may accept delivery of that motor spirit accordingly.
(3.) A licensed retailer shall retain any ration tickets surrendered to him, and not surrendered by him to a bulk supplier, until directed by a Board to deliver them to it, when he shall deliver them accordingly.
Duration of licence.
22.—(1.) A licence shall, unless it is suspended, be in force until revoked or cancelled or for such period as is specified in or endorsed on the licence.
(2.) The Controller, or (except in the case of a motor spirit bulk supplier’s licence) a Board, may upon application, renew a licence.
Suspension, revocation and cancellation of licences, and disposal of vehicles.
23.—(1.) The Controller or (except in the case of a motor spirit bulk supplier’s licence) a Board may, by notice in writing to the holder of the licence, for good cause, suspend for a specified period a licence granted under these Regulations, or revoke any such licence, and the holder of the licence shall thereupon deliver the licence, and any ration tickets held by him by virtue of the licence, to the Controller or to the Board by which the licence was suspended or revoked.
(2.) Before suspending or revoking a licence under this regulation, the Controller or a Board shall serve by post on the holder of the licence notice of his or its intention to revoke the licence, and shall state in the notice the cause for which the Board has decided to suspend or revoke the licence, and, in the case of suspension, the period of the suspension.
(3.) The holder of the licence may, within fourteen days after service of the notice, appeal against the decision to the Supreme Court of the State or Territory in which the licence was granted, constituted by a single judge of that court.
(4.) The Supreme Court of each State is hereby invested with federal jurisdiction, and jurisdiction is hereby conferred on the Supreme Court of each Territory of the Commonwealth, to hear and determine appeals under this regulation.
(5.) The Controller or the Board (as the case may be) shall be the respondent in any such appeal.
(6.) Upon the hearing of any such appeal, the Supreme Court may—
(a) admit further evidence, either orally or upon affidavit or otherwise ;
(b) permit the examination and cross-examination of witnesses ;
(c) affirm, reverse or modify the decision of the Controller or of the Board ; and
(d) order any party to pay costs to any other party.
(7.) The decision of the Supreme Court upon any such appeal shall be final, and not subject to further appeal.
(8.) The Controller or a Board shall not suspend or revoke a licence—
(a) before the period within which the holder may appeal under this regulation has expired ; or
(b) while an appeal from the decision to suspend or revoke the licence is pending.
(9.) If a vehicle or engine in respect of which a motor spirit consumer’s licence granted under these Regulations is held is sold or otherwise disposed of, or the registration thereof is not renewed or is cancelled or suspended, the motor spirit consumer’s licence, and (subject to the next succeeding sub-regulation) any unused ration tickets issued in respect of that vehicle or engine, shall be delivered forthwith by the licensee to the Controller, or to the Board in the State or Territory in which the licence was granted, and the Controller or Board may thereupon alter or cancel the licence.
(10). A person who sells or otherwise disposes of a vehicle or engine in respect of which he holds a private motor spirit consumer’s licence (that is to say, a licence marked “Class 2”, with the addition of a letter) shall, upon the delivery of the vehicle or engine, deliver to the new owner any unused current ration tickets issued in respect of the vehicle or engine, and the tickets shall thereupon be deemed to be ration tickets duly issued to the new owner.
Issue of duplicate licences.
24.—(1.) In the event of a licence being lost, stolen or destroyed or becoming mutilated or illegible, the Controller, or (except in the case of a motor spirit bulk supplier’s licence) a Board, may issue to the person to whom the licence was granted a duplicate thereof (bearing the word “Duplicate”) upon that person making a declaration in an authorized form declaring the circumstances of the loss, theft or destruction, or upon his surrendering the mutilated or illegible licence, as the case may be.
(2.) A duplicate licence shall be of the same effect as the original licence and the provisions of these Regulations shall apply accordingly.
Custody of licences.
25. The holder of a licence shall keep it in safe custody and shall not assign, transfer, lend or part with the possession of it to any person, except at the direction of the Controller or a Board, otherwise than by placing it in the custody of his servant or agent for a lawful purpose connected with these Regulations.
Production and and return of licences.
26.—(1.) The holder of a licence granted under these Regulations shall—
(a) within seven days after the posting of a notice by the Controller or a Board addressed to him at his last known place of business, or residence, requiring him to produce or deliver up the licence ; or
(b) within seven days after the publication by the Controller or a Board of a notice in the Gazette or in a daily newspaper circulating in the town or place where he resides or has his place of business requiring the production or delivering up of the licence,
produce or deliver up, as the case may be, the licence to the Controller or Board, as the case may be.
(2.) The holder of a licence granted under these Regulations shall, within seven days after the expiry of the licence or of any change in his address, deliver up the licence to the Board in the State or Territory in which it was granted.
(3.) The holder of a motor spirit consumer’s licence granted under these Regulations, and containing a description of an occupation, business or profession, who ceases to engage in or carry on that occupation, business or profession, or to use the vehicle or engine referred to in the licence in connexion with that occupation, business or profession, shall, within seven days thereafter, deliver up the licence to the Board in the State or Territory in which it was granted.
(4.) A person shall not fail to produce or deliver up his licence during the period within which he is required so to do, and, in the event of any such failure, the licence shall be deemed to be cancelled, and shall be void and of no effect, except as regards a person acting in reliance on the licence without knowledge of the facts by reason whereof the licence is deemed to be cancelled.
Servants and agents.
27. Notwithstanding anything contained in these Regulations, the servant or agent of the holder of a licence may, if so authorized by the holder, dispose of, deliver, purchase or accept delivery of motor spirit on behalf of the holder of the licence, and may do all things necessary to be done by the holder in connexion with the transaction.
Refusal to supply motor spirit.
28. A licensed bulk supplier or a licensed retailer shall not, without reasonable cause (proof whereof shall be upon him), refuse to sell or deliver motor spirit to a person who is able and willing to comply with the provisions of these Regulations, and of any order under these Regulations, in relation to the purchase or acceptance of delivery of the motor spirit.
Part IV.—Orders.
Orders.
29.—(1.) The Controller may make orders—
(a) providing for matters necessary or convenient to be provided for carrying out or giving effect to these Regulations ;
(b) specifying the ration tickets which are appropriate ration tickets for the purposes of a class of acts or transactions specified in the order or for the purposes of a specified provision of these Regulations ;
(c) providing that any class of licences (including licences granted, or purporting to have been granted, under the National Security (Liquid Fuel) Regulations) shall, for the purposes of these Regulations, be deemed to be varied as provided in the order ;
(d) providing for the making of endorsements on licences by reference to the quantity of motor spirit owned by, or otherwise available to, licensees at a particular date, and providing for the effect of such endorsements on the rights of licensees under these Regulations in respect of licences so endorsed ;
(e) requiring persons to make returns or furnish information required for the purposes of these Regulations or of an order under these Regulations ;
(f) prohibiting or restricting, for purposes incidental to these Regulations or to an order under these Regulations, the use, removal, sale, disposal or acquisition of liquid fuel (including motor spirit) ; and
(g) for carrying out the object of these Regulations in relation to liquid fuel other than motor spirit.
(2.) Nothing in this regulation shall authorize the making of an order fixing the price of any liquid fuel or other goods.
Publication of orders.
30.—(1.) An order made by the Controller may be published in the Gazette or in a daily newspaper circulating in the town or place affected by the order and, upon being so published, shall be deemed to have been sufficiently served upon, or brought to the notice of, all persons concerned or affected thereby.
(2.) In the case of an order applicable to a particular person, the order may be served upon that person by delivering a copy thereof to him by hand, or by posting a copy thereof to him at his last known place of abode or business, and shall thereupon be deemed to have been sufficiently brought to his notice.
Part V.—Miscellaneous.
Recognition of licences or permits granted under National Security (Liquid Fuel) Regulations.
31.—(1.) Where the holder of a licence or permit which was granted or continued in force, or which purported to be granted, under the National Security (Liquid Fuel) Regulations—
(a) has in his possession the vehicle or engine specified in the licence and is using that vehicle or engine for the purpose (if any), and in connexion with the occupation, business or profession (if any), specified in the licence ; and
(b) on or before the first day of December, 1949, produces the licence and, in the case of a licence in respect of a road vehicle, a current registration certificate for the vehicle, at a post office or at an office of a Board,
the licence or permit may be marked with an authorized stamp, and thereupon the licence or permit shall be deemed to have been granted under these Regulations in the State or Territory in which it is so produced.
(2.) A person who produces a licence or permit in pursuance of the last preceding sub-regulation shall, on or before the first day of December, 1949, complete and forward to the Board in the State in which the licence or permit is produced a declaration in accordance with the authorized form declaring the facts which entitled him so to produce the licence or permit.
(3.) A person shall not produce, in purported pursuance of this section, a licence or permit which he is not entitled so to produce.
Authentication of licences, &c.
32. A licence, notice, authority, requirement or other instrument granted, issued, given or made—
(a) under these Regulations, by a Board ; or
(b) before the commencement of this regulation, under the National Security (Liquid Fuel) Regulations by a Liquid Fuel Control Board constituted or purporting to have been constituted under those Regulations,
shall be sufficiently authenticated if it purports to be signed on behalf of that Board, and any instrument purporting to be so signed shall, in the absence of proof to the contrary, be deemed to have been granted, issued, given or made in pursuance of a resolution of that Board.
Inspection of storage tanks.
Every person who has in his possession any storage tank used for the storage of liquid fuel shall at all reasonable times allow any authorized person to inspect the storage tank and to take samples therefrom and to gauge its contents by dipstick or other appropriate method.
Retailers to keep stock records, &c.
34.—(1.) Every holder of a motor spirit retailer’s licence shall submit to the Board in the State or Territory in which the licence was granted, within seven days after the end of each month, a schedule of stocks of motor spirit held at the end of the month and shall retain, for a period of twelve months, a duplicate copy of each such schedule.
(2.) Every applicant for, or holder of, a motor spirit consumer’s licence shall, if required by a Board, furnish a statement setting out the stocks of motor spirit held by him on the date specified by that Board.
Retailers ceasing to carry on business.
35.—(1.) The holder of a motor spirit retailer’s licence, upon ceasing to carry on business as a retailer of motor spirit at the address referred to in the licence, shall forthwith—
(a) return the licence to the Board in the State or Territory in which it was granted ; and
(b) forward to that Board a statement showing—
(i) the amount of motor spirit in his possession thirty days prior to his ceasing to carry on that business, and the number and gallonage of the cancelled ration tickets then in his possession ; and
(ii) the amount of motor spirit in his possession at the date of his ceasing to carry on that business ; and
(c) deliver to that Board cancelled ration tickets representing a gallonage equivalent to the excess, if any, of the total gallonage of motor spirit and cancelled ration tickets shown in that statement in pursuance of sub-paragraph (i) of paragraph (b) of this sub-regulation over the amount of motor spirit shown in that statement in pursuance of sub-paragraph (ii) of that paragraph, less any appropriate allowance for evaporation.
(2.) In a prosecution for a contravention of, or failure to comply with, this regulation by reason of a shortage in the gallonage of cancelled ration tickets delivered to a Board, it shall be a defence for the person charged to prove that the shortage did not result from a contravention of these Regulations.
Records to be kept by bulk suppliers, &c.
A person importing or producing liquid fuel or supplying liquid fuel in bulk shall keep such records and shall forward to the Controller such returns as the Controller from time to time requires.
Maintenance of records.
37.—(1.) Except as otherwise provided in these Regulations, a person required to keep a record under these Regulations shall maintain the record at his place of business for a period of twelve months from the date of the last entry therein unless, in pursuance of a requirement of the Controller or a Board, he delivers the record to the Controller or the Board.
(2.) Every such person shall at all times while the record remains in his custody allow any authorized person to inspect the record at all reasonable times and to make copies of, and extracts from, the record.
Disposal of cancelled ration tickets.
38.—(1.) Where any cancelled ration tickets are received by a licensed bulk supplier, the bulk supplier shall retain the tickets, arranged in such manner as the Controller or a Board directs, until required to deliver the tickets in pursuance of the next succeeding sub-regulation.
(2.) A licensed bulk supplier shall, whenever required by the Controller or a Board so to do, produce for inspection by a person authorized by the Controller or a Board any ration tickets which are in his possession, and shall deliver to the Controller or to a Board at the time and place specified by him or it any ration tickets specified by the Controller or by the Board, as the case may be.
(3.) Upon the delivery of tickets in pursuance of the last preceding sub-regulation, the Controller or the Board, as the case may be, shall give, or cause to be given, a written receipt for the tickets to the licensed bulk supplier.
Compliance with requirements.
A person shall comply with every requirement made of or applicable to him under or in pursuance of any provision of these Regulations or of any Order made under these Regulations.
Offences.
40.—(1.) A person shall not, without lawful excuse (proof whereof shall lie upon him)—
(a) make or utter any counterfeit or forged ration ticket or licence ;
(b) alter or deface any ration ticket or licence, or any addition to or endorsement on a ration ticket or licence ;
(c) make, sell, use or have in his possession any die, plate or other instrument or thing for printing or making any counterfeit or forged ration ticket or licence ;
(d) have in his possession any counterfeit or forged ration ticket or licence, or, otherwise than in accordance with these Regulations, any ration ticket or licence, or any altered or defaced ration ticket or licence ;
(e) offer or agree to supply, or supply, to any other person, whether by way of loan or otherwise, and whether or not for valuable consideration, a counterfeit or forged ration ticket or licence, or, otherwise than in accordance with these Regulations, a ration ticket or licence ;
(f) accept or obtain, or offer or agree to accept, possession of a counterfeit or forged ration ticket or licence or, otherwise than in accordance with these Regulations, possession of a ration ticket or licence.
(2.) In a prosecution under paragraph (d) of the last preceding sub-regulation, it shall be a defence for any person having in his possession a counterfeit or forged ration ticket or licence to show that he obtained the ration ticket or licence believing, on reasonable grounds, that the ration ticket or licence was genuine, and that he was obtaining it in accordance with these Regulations.
(3.) In a prosecution under paragraph (e) or paragraph (f) of sub-regulation (1.) of this regulation for offering or agreeing to supply or accept possession of a ration ticket or licence or a counterfeit or forged ration ticket or licence, it shall not be a necessary element of the offence that any ration ticket or licence, or counterfeit or forged ration ticket or licence, the subject of the offer or agreement was in existence.
(4.) Every counterfeit or forged ration ticket or licence, and every die, plate or other instrument or thing for printing or making any counterfeit or forged ration ticket or licence, shall be forfeited to the King.
(5.) A ration ticket or licence shall be deemed to be altered if any addition or endorsement of a kind authorized to be made thereto or thereon under these Regulations, whether the addition or endorsement is in accordance with the requirements of these Regulations or not, is removed, erased, obliterated, added to or otherwise altered.
Copying ration tickets and licences.
41.—(1.) A person shall not, without the authority of the Controller (proof whereof shall lie upon the person charged), make or have in his possession—
(a) a copy of a ration ticket or of a licence ; or
(b) any writing, engraving, photograph or print resembling either a ration ticket or a licence, or apparently intended to be or pass for a copy of a ration ticket or of a licence.
(2.) In this regulation the expression “copy of a ration ticket or of a licence” includes any representation of a ration ticket or of a licence in any size or scale.
Proof of certificates and signatures in Court proceedings.
42.—(1.) In any prosecution for a contravention of or failure to comply with any provision of these Regulations or of any order made under these Regulations—
(a) a certificate, notice or other document bearing the written, stamped or printed signature of the Controller or of a Deputy Controller of Liquid Fuel, or of the Secretary to a Board, or of the Liquid Fuel Control Authority for the Australian Capital Territory shall, until the contrary is proved, be deemed to have been duly signed by the person by whom it purports to have been signed ; and
(b) any such certificate certifying to—
(i) the licensing or non-licensing of persons, or the issue or non-issue of permits, or the revocation or cancellation of licences or permits ; or
(ii) the terms and conditions of any licence ;
(iii) the forms of ration tickets ; or
(iv) the fact that a document annexed to the certificate is an application, or a document furnished in connexion with an application, for a licence or permit of a kind specified in the certificate made on the date, in the manner, to the person, Board or authority and by the person so specified,
shall be prima facie evidence of the facts stated in the certificate.
(2.) Judicial notice shall be taken of every such signature, and of the fact that the person whose signature it purports to be holds or has held the office of, or is performing or has performed the duties of, Controller of Liquid Fuel, a Deputy Controller of Liquid Fuel, Secretary to the Board concerned, or the Liquid Fuel Control Authority for the Australian Capital Territory.
(3.) For the purposes of these Regulations, a reference to the Controller of Liquid Fuel, a Deputy Controller of Liquid Fuel, or to a Secretary or Authority shall include a reference to any person for the time being holding the office or performing the duties of the Controller of Liquid Fuel, a Deputy Controller of Liquid Fuel, or of the Secretary or Authority.
Proof of resolutions of Board.
A copy, of a minute recording a resolution or direction of a Board under these Regulations, or under an order made under these Regulations, and a copy of any exhibit, appendix or schedule referred to in or attached to any such minute, certified to be a true copy by a memorandum signed by the Secretary to the Board, shall be admissible before all courts and in all legal proceedings as evidence of the due adoption of that resolution or giving of that direction, and as evidence of any such exhibit, appendix or schedule.
Evidence regarding ration tickets.
44. A certificate in writing signed by the Controller or a Deputy Controller certifying that no person, other than the persons named in the certificate, has been authorized by the Controller to make any die, plate or other instrument for use in the printing of ration tickets, shall be prima facie evidence of the matters stated in the certificate.
Prosecutions for not surrendering appropriate ration tickets.
45. In a prosecution under these Regulations, where it is proved that, in connexion with any act or transaction, a person did not surrender any ration tickets, or did not surrender ration tickets representing the relevant quantity of motor spirit, he shall be deemed to have failed to surrender any appropriate ration tickets, or to have failed to surrender appropriate ration tickets representing the relevant quantity of motor spirit, as the case may be.
Information to be furnished.
46.—(1.) The Controller, a Board or an authorized person may require a person to furnish any information, either orally or in writing, or to produce any accounts, books or documents, relating to transactions in or in connexion with, and stocks of, motor spirit and may make and take away copies of, or extracts from, any accounts, books or documents so produced.
(2.) No person shall be excused from furnishing any information or producing any accounts, books or documents, when required so to do in pursuance of this regulation, on the ground that that furnishing or production might tend to incriminate him or make him liable to a penalty.
(3.) When a person is obliged to answer questions orally by virtue of this regulation, the answers given by him shall not be admissible in any proceedings against him other than proceedings in respect of the falsity of the answers or in respect of his refusal or failure to answer any question.
(4.) A person shall not, when lawfully required in pursuance of this regulation to furnish any information, or to produce any accounts, books or documents in his possession or under his control, refuse or fail to furnish the information or to produce the accounts, books or documents.
False or misleading statements.
47. A person shall not—
(a) in answer to a request, inquiry or requirement made of the Controller, a Board or an authorized person ;
(b) in or in connexion with an application or request to the Controller or a Board ; or
(c) in any account, declaration, estimate, return or other document which he is required or authorized by these Regulations or any order under these Regulations to keep or make,
knowingly make any statement or furnish any information which is false or misleading in any particular.
Inspectors.
48.—(1.) The Controller or a Board may by writing appoint such persons to be inspectors as he or it thinks fit.
(2.) Every inspector shall have power to require the production of any licence, ration ticket or authorization issued or given under these Regulations or of any order made under these Regulations, or any record in connexion with the sale, disposal, purchase, acquisition or movement of liquid fuel.
Forms.
49.—(1.) The forms to be used in connexion with these Regulations (including the forms of ration tickets) shall be such as are authorized from time to time.
(2.) For the purpose of these Regulations, any reference on an official form to the National Security (Liquid Fuel) Regulations shall be deemed to be a reference to these Regulations.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.